3M Australia Pty Limited T/A 3M Australia Pty Ltd

Case •

[2022] FWCA 924

•

16 MARCH 2022
[2022] FWCA 924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

3M Australia Pty Limited T/A 3M Australia Pty Ltd

(AG2022/309)

3M Australia Pty Ltd (Blacktown Site) Employee Collective Agreement 2021-2024

Manufacturing and associated industries

DEPUTY PRESIDENT EASTON

SYDNEY, 16 MARCH 2022

Application for approval of the 3M Australia Pty Ltd (Blacktown Site) Employee Collective Agreement 2021-2024.

  1. 3M Australia Pty Limited T/A 3M Australia Pty Ltd (the Employer) has made an application for the approval of the 3M Australia Pty Ltd (Blacktown Site) Employee Collective Agreement 2021-2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

  1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

  1. I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

    • Clause 4.3.1 – Termination of Employment
    • Clause 4.4.5.2 – Severance Pay
    • Clause 7.6.1(e) – Public Holidays

  1. Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The United Workers’ Union (UWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the UWU.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2022. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE515364 PR739386>

Annexure A

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